Skip to main content

About this Show

The Dylan Ratigan Show

News/Business. The day's most important issues and breaking news stories. New.

NETWORK

DURATION
01:00:00

RATING

SCANNED IN
Annapolis, MD, USA

SOURCE
Comcast Cable

TUNER
Port 1235

VIDEO CODEC
mpeg2video

AUDIO CODEC
mp2

PIXEL WIDTH
720

PIXEL HEIGHT
480

TOPIC FREQUENCY

Us 8, New Mexico 3, Daniel 2, Federico 2, Flores 2, California 2, Humira 2, Mexico 2, Stiu 1, Peanut 1, The State 1, By S & M 1, The S & M. 1, An S & M Inmate 1, Cdc 1, Unit 1, Hepatitis B 1, Uninmate 1, Clippers 1, Max 1,
Borrow a DVD
of this show
  MSNBC    The Dylan Ratigan Show    News/Business. The day's most important  
   issues and breaking news stories. New.  

    July 4, 2011
    4:00 - 5:00pm EDT  

4:00pm
due to mature subject matter, viewer discretion is advised. they openly declared war against each other. >> we know that they're preparing themselves for battle. >> you have inmates names and numbers. why? >> because they're homies. >> the guys i talked to said you are not going to be able to do anything about it. they're going to retaliate.
4:01pm
make sure you check everything. use the mallets. use the metal detectors, the mirrors. check every single thing. because they know where to hide stuff. >> when they come out, they come out in their boxers and shower suits only. no watches. no rings. no medallions. nothing else. everything else stays in their cells. one thing we learned was the inmates said what they are doing is taking their shanks to the strip cage.
4:02pm
when they're strip searched, they're taking them out of their shoes, putting them on the floor. what we are doing today is following up on what occurred on level 6 last week. several members overpowered an officer in the recreation area, took the keys from her and stabbed a rival s & m member numerous times. as a result of that, we initiated shake downs. we completed level 6 yesterday. we are headed to level 5 to conduct interviews to see if there's any follow jum information, see if there's any weapons over here and see if the assaults are going to continue. >> if any assaults are going to occur, the likelihood is it might occur in this unit. the inmates have the opportunity for congregate activity. they can come out of their cells five, six times, so if
4:03pm
there's going to be any retaliation, it's possible it would happen here. >> this is where it all starts off. what they do is come over here, right here. they're actually start just working it. working it. take a piece how big they want it. they work it and work it until eventually it just starts cutting into the metal. whatever they get toothpaste and soap, mix it up and they're just layer it. what they're doing, anytime you come in here, they can see this and cover it up. that's what we use. two pieces used as a shank to assault that uninmate fame from here. that's why they started doing this. this is contraband now. >> although level 6 is on lockdown, our producers are
4:04pm
allowed to talk to one inmate about the toll 9 restrictions are making. >> i haven't been able to visit with my sister or mother because of this thing that happened in the separate housing unit. with two other inmates that had nothing to do with me. and so -- it's just not right. it's a nuisance. it's annoying because i don't behave in a way that merits my suspension of privileges, visit, commissary, nor do a lot of other inmates for that matter, but yet we're being punished collectively. two weeks ago, they came and took away our nail clippers. we weren't allowed access except for on sunday night. if we needed to cut our nails, the corrections officer would give them to us and then take them back. we weren't allowed to have them in our cells. then they came and took them without any explanation whatsoever. and this is the result. i wonder if the sanitary. now, they came and got them.
4:05pm
if i act out and create problems, then i earned this. it's not my problem something is happening somewhere else. i didn't do anything to anybody and nobody did anything to me. >> after hours of searching, captain flores uncover, the first clue that gang violence may be imminent at the level 5 facility. a. war is being mounted. chosing now, oh great god, those who must kill, those who must be killed and those who must be taken as a sacrifice so that you might drink their heart's blood. we beg you mile upon those that will die on this field or on your alter. the choice of which, you are is entirely up to you. so what this is is, it's a prayer of war. it's not very often that you find a prayer from a gang member or a specific gang preparing themselves for battle. this is something unique. we know they are preparing themselves for battle.
4:06pm
they are giving us enough information to let us know something is coming down the road. it's imminent. we're just trying to see who's who and what's what and identify any sleeper gang members out there in the compound. identify them so we know who they are and see if we can stop a future assault. >> violent incidents like the recent gang stabbing in level 6, simply add to it tension already felt in the supermax facility, especially for michael daly. he spent five years under protective custody for his own safety. >> they call me happy because the last laughs are always on me. i have been living in level 6 since i got incarcerated in april of 2003.
4:07pm
i'm here on involuntary protective custody. the institution says there's a threat against my life. in my case, that's why i was in level 6. that's all i'm going to say about that. that's why i was in level 6. but -- >> there's a story there, huh? >> there's a lot of stories. i'm happy to say it out there, but not in here. this is a real big week for me, because i'm getting released back into the community. i'm just very surprised that i made it this far, and the stuff that i've seen and the stuff that i've been through, i'm just real thanks to god that i'm making it out, alive. i'm happy to get out. i'm really happy, but i'm scared. i'm scared to get out. i really am. i don't want to hurt the people that i love the most. that's why i'm scared. >> how would you hurt them? >> i don't want to come back here. because coming here hurts my family.
4:08pm
and before i came here, i never looked at it that way. until after doing eight years in prison. that's what i'm scared of. i don't want to hurt nobody anymore. i'm about to make a phone call right now. i'm about to call my mom and let her know the good news and i'm let her know that i'm going home and if she should, she could come pick me up. hey, guess what? you can come pick me up friday after 4:00. after 4:30. she's all happy. wow! and are you going to bring me some clothes? right? i'm happy, too, mom. up know what, mom, i'm going to make this quick and make sure that you come on friday after -- at 4:00, that way you can be waiting there for me. i love you and i'll see you soon. okay? all right. bye-bye.
4:09pm
four more days and a wake up and i'll be home. i'm going home to my mother. i'm going to parole over there. and everybody's happy, and i'm just really scared. still ahead, happy is what they call short to the door. but mees he's not a free man yet. >> you never know what's going to happen. >> plus, the threat of a gang attack wears on staff. >> it's taking its toll heavily. >> and federico files for an out of state transfer. >> it's irrelevant. od? oh, yeah. od? v8 juice gives you 3 of your 5 daily servings of vegetables. v8. what's your number? having the right real estate agent on your side is more important than ever. at remax.com, you can find the experts you need,
4:10pm
whether you're trying to sell of hoping to buy. nobody sells more real estate than re/max. visit remax.com today. inside all of us is a compass and it always points true north. toward mountains of sand. toward new sights and sensations. toward the true bounty of nature so let's set our compass for traverse city and find ourselves. in the magic, and the moments of pure michigan. your trip begins at michigan.org.
4:11pm
4:12pm
because of my charges, i'm in level 6. they said i beat a guy to death
4:13pm
with three other people in the community jail. >> he had a torn kidney, broken ribs, broken skull. he was brain dead. they charged four of us. they charged me with the death penalty. they take me to court for 2 1/2 years fighting them. i get the death penalty thrown out and then they hang me for first-degree murder. they offered me a plea bargain and i said okay. >> like many suspected gang members, the only way out of level 6 is out of state transfer. the problem is his request has been denied before. >> okay. what is it that you need from me today? what do you need to know? >> transfer. >> transfer where? >> out of state. >> i was told your out of state was denied. however -- however, let me just finish. i don't have a denial in here.
4:14pm
so what i can do -- >> i have it. >> you have it and i don't have it? >> when i got here, you locked me down. >> okay. >> i stayed under investigation for 3 1/2 years. on may 18th of last year i beat the death penalty. when i beat it, they said we can't let you out until your conclusion of the homicide trial. >> right. wlnchts i got sentenced for aggravated battery, when i came out, they said the only way i can go out of state is by level 6 inmate. i was no longer under investigation. what he does, change me from investigation to security for the murder of an inmate. that's not what i'm here for. >> okay. and you're right. we'll do a special hearing. i don't care about that guy. what i'm going to do is another special hearing.
4:15pm
i'm going to do another one of these forms, and instead of putting initial, i'll put special and make the connection that you weren't convicted and that you plea bargained down to aggravated battery. however, you will still meet the criteria for level 6. >> how long do i have to stay in lockdown for aggravated battery? four years. i seen guys come here for stabbing and stay for a year. this had nothing to do with that and i appreciate it, but this had nothing to do with this. the constitution officer will take relevant information from the court or district attorney. there's no mention in there. all he says is consider him to go out of state. cdc writes back says, no, he's a threat for the murder of an innate. >> that's not why you are in level 6. >> that's why my out of state was denied. it says right there. out of state transfer denied. says right there in words, out
4:16pm
of state transfer denied. inmate is a threat to security. >> okay. so, we don't need to argue about that. what i'm going to do is a special review for you, just like i said and change the wording. listen to me. listen to me. >> i have to appeal it. >> listen to me. 234is is a committee. this is a committee. >> give me my sheet so i can appeal it. >> i haven't done it. i just finished telling you i have to type it up. correct? >> that's not the way -- >> yes, it is. >> can i show you how it needs to be done. >> no. listen to me. you know what? listen -- daniel -- listen -- >> [ bleep ]. >> listen to me, daniel. once i get this all done i'd send up a hearing notice for you to sign. within 48 hours of that hearing notice, that's how it's done. >> can i show you something else? >> no, i don't need to hear anything else. >> according to your policy you're supposed to read it to me -- >> you're correct. >> and the --
4:17pm
>> that's irrelevant. thousand was done. it's irrelevant. now, i'm doing it all over again. you can complain about the way i do it later, but right now, i'm explaining how we'll do it. i'll bring you back -- i don't care. . what's your policy say? >> i don't care. are you going to listen? >> it says a case worker, a security representative and a psychologist. >> yes, you're right. this isn't a committee. this is a meeting. no, it's not. i'm going to set you up for a committee. >> i don't want a committee. >> you need to be quiet and listen to me. so that way you can hear what i'm saying. listen. listen. okay. don't say another word. so you are going to go to committee, however, before you go to committee, i have to write up the stuff, the hearing notice. you get a hearing notice. >> yeah. >> with 48 hours of that hearing notice you will come to committee. when that committee happens, everybody will be here. okay? this isn't a committee. this is a meeting trying to figure out what you are telling me at the door. >> what does that have to do --
4:18pm
i don't care about -- >> he's too argumentative. take him back. he's not listening to me. have a good day. bye-bye. have a good day. go ahead and take him. have a good day. have a good day. bye-bye. [ bleep ] >> so, it's going to be another long process. so next week i'll probably have it all squared away, and they can deny his out of state, if they want. based on proper information versus worded wrong information. >> daniel may feel like he's never leaving level 6. but next, we talk to another way out. his own way out may be through death. >> i'm not afraid to die or afraid to be dead. i've made my peace with god. i've made my peace with this world. >> and hard evidence the gang violence is far from over. >> it could take someone's life in an instant.
4:19pm
an accident doesn't have to slow you down. with better car replacement, available only with liberty mutual auto insurance, if your car is totaled, we give you the money for a car one model year newer. to learn more, visit us today. responsibility. what's your policy?
4:20pm
4:21pm
many level 6 inmates won't get out of the supermax facility until they are released on parole.
4:22pm
for another group, there's only one way out. >> this is unit 4. this is where lethal injection is administered to inmates that have been sentenced to death. since 1912 when the state of mexico became a state, we have executed 26 people. the last one and the only one we did in this area was teri clark on november 6th, 2001. there are two inmates sentenced to death in the state of new mexico. one of those inmates, robert frey, is housed here at level 6. >> this is my wonderful piece of heaven. 7 foot by 12 foot. >> robert is sentenced to death in 2005. he's currently in the appeal process. >> we first met robert while shooting in 2005. >> let me ask you a question. is it a greater sin to steal a cracker or to kill someone? >> to kill someone. >> god doesn't see it that way. you break one sin, you break all sins.
4:23pm
so what does it matter what sin you perpetrate? >> i'm not afraid to die. i'm not afraid to be dead. i've made my peace with god. i've made my peace with this world, and i'm trying to do the best i can to live in this world with what time i have left whether it be next year or 100 years, who knows, you know? >> these two rooms are for witnesses of the execution as determined by the warden. we keep them separate because, obviously, it's victims versus family members of the inmate. we wouldn't want them to be in the same area. also, present is the attorney general, which is the highest ranking legal official of the state of mu mexico. >> my death may be scheduled, but it's not guaranteed. you know. i believe only god knows the day i'm going to die. and, you know, if the state does put me to death, well, then, i go to my maker with a clear
4:24pm
conscience. >> in this room, is the area where the drugs are administered. in this room is the red phone. if there's a stay of execution or change of order, it would be communicated through the red phone. once the execution is completed, the body of the inmate is brought through this door here out this door into the sally port where there would be an ambulance waiting to remove the body. >> i've been in prison since 2000. i was arrested in june for murder. i was convicted of one homicide in 2002, another one in 2003. a double homicide in 2005. i have ongoing appeals and litigation concerning those. >> can you say under what circumstances this person was murdered? >> this man beat this woman to death with a sledgehammer because he wanted to have sex with her and she didn't want to.
4:25pm
and i didn't stop it. the same man that killed the woman i'm convicted of murdering also, i believe, was involved with the death of the other gentleman. he was either strangled or beaten to death, they are not sure which. it was bad enough they couldn't make a determination as to which killed him, the strangling or the beating. as far as the other two murders, i'm convicted of, both of these men were friends of mine, good friends. one man i had known -- he wasn't even a man yet. he was a 19-year-old boy. i knew him since he was 5 years old. they were beaten and throats cut. they died violently, very violently. i think that going to certain death, you really become aware of how you live, what days you have left. do you want to party your butt
4:26pm
off, or do you want to live it the best you can for god? and some days i do that very well. living it for god. other days, i make mistakes, i'm only human. like i said, i'm trying to overcome the person i once was. case in point, we have a rule here about facial hair. i got in an argument with a lieutenant over shaving. i was upset about it. but i didn't cuss him, i didn't threaten him. that's something new. i might have gotten in an argument about what he cared about, but i didn't call him names or cuss him out or threaten to beat him down or go after him. >> have you contemplated the thought of living the rest of your life here? >> yeah. >> i live the best i can no matter where i'm at. sink, toilet, you maximize whatever space you have. i've always been a firm believer that if you're dependent upon
4:27pm
where you're at, who you're with and what's around you, to be peaceful and happy, you are not going to be peaceful and happy. so you have to make wherever you're at organized and peaceful and happy so you -- it comes from with. not from without. coming up, efforts to prevent another gang fight payoff. >> awesome day. we saved somebody's life. plus, resheing his prior gang loyalties. >> about a year after i joined it. getting grime from deep inside grout takes the right tools, but also a caring touch. you learn to get a feel for the trouble spots. to know its wants... its needs...its dreams. ♪call 1-800-steemer.
4:28pm
every day you live with the pain of moderate to severe rheumatoid arthritis could be another day you're living with joint damage. help stop the damage before it stops you by asking your rheumatologist about humira. for many adult patients with moderate to severe rheumatoid arthritis humira has been proven to help relieve pain and stop joint damage. humira's use in patients with ra has been evaluated in multiple studies during the past 14 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events can occur such as, infections, lymphoma or other types of cancer, blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before starting humira, your doctor should test you for tb.
4:29pm
ask your doctor if you live or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. make today the day you talk to your rheumatologist. and ask how you can defend against and help stop further joint damage with humira.
4:30pm
i'm milissa rehberger. here's what's happening a british soldier who disappeared from his base in afghanistan has been found shot dead. insurgent claimed the soldier cass captured and killed hours before the prime minister arrived in the country. the jury in the casey anthony trial has been deliberating four hours now.
4:31pm
they got the kate around noontime and could receive the death penalty for killing her daughter caylee. now back to "lockup." due to mature subject matter, viewer discretion is advised. ♪ there ain't nothing you can do to me that i haven't already done to me ♪ held my own gun to me ♪ pulled 9 trigger suddenly ♪ ♪ pass forgiveness for god to be my witness ♪ try to listen, my life is finished ♪ ♪ i walk a thin line what's life ♪ the only light i see is crack pipes ♪ ♪ that's my only option i never thought twice ♪ not nice they say stand and fight ♪ [ bleep ] ♪ roll the dice
4:32pm
>> the s & m and lc, they both declared war against each other, based on the two series of events that happened at the level 6. attempted assaults and then retaliated last weekend and carried out an assault on an s & m inmate. what we're trying to do is trying to find weapons or gather intelligence to stop a future assault. >> a couple sources i talked to basically came out and told me there's going to be retaliation. because of the incident, and you guys that work at level 6, and the guys i talked to are not going to be able to do anything about it. they are going to retaliate the s & m. you know. it's going to happen. you need to be on your toes and be ready for it. that's what i was told today by a couple sources i talked to. the phrase they used was tick for a tack.
4:33pm
or something like that. so just be ready for it and be careful. it's a new day today. we finished on the 3-a side. today we start on the 3-b side. doing the same thing we did yesterday. we strip searched them and conducted interviews and cell searches. and it's taking its toll heavily. 10 to 12 hour days. since last wednesday. it's getting kind of tough. but we know that with the violence that has occurred and the violence that could be forthcoming, we just need to keep on pushing forward, and ensuring that we can do whatever we can to curtail another assault and find any other weapons or information that we can find. >> as we were shaking down a cell up there, myself and the other officer noticed that there was a tear inside the mattress.
4:34pm
that prompted to us get a frisker, fixed metal, and when we did that, it didn't set it off. we noticed there was a homemade sew on the mattress. we let the supervisor know. we slit these open and there they were. plastic, you cannot detect with a metal detector. with the tools that we have, it's unable to detect that. it's a very good find. mei speculation on this, this is made from the food trays. they break the lids off. very hard plastic. it could take somebody's life. in an instant. very good day, awesome day. we saved somebody's life. >> the shakedowns have proven successful, but the officers have no doubts about the plans of the inmates. >> what is this about war?
4:35pm
>> it's still on. right now they're quiet because they're locked down. they haven't had the opportunity to battle with each other. but i'm sure it's going to come. it's just a matter of, have we made the necessary security changes or precautions to try to stop that from happening. >> we know for a fact, these groups are assessing our staff members in terms of their abilities and doing their job. >> they are regrouping and reorganizing and restrategizing the way they are going to carry out retaliation or continue assaulting each other. >> once we are done with shaking down here, a separate team of security supervisors will come through and do a security assessment to see what improvements need to be made at this facility. >> as far as your jobs go? >> our jobs never end. we're pretty tired, but we know that we're going to be making
4:36pm
crucial decisions and try to put an end to this violence. put an end to the war. so, when will it end for us? it doesn't. >> when there's no more inmates in prison. when we retire. >> copt flores and his team know full well they'll never completely remove gangs. every day new inmates arrive and many of them like federico waste little time before choosing sides. >> about a year after i got incarcerated in prison, i joined the s & m. >> shortly after joining the prison gang, he was ordered by s & m to kill a fellow gang member. >> i was 18. it wasn't easy to kill him, in the sense that, you see it on the movies, how people cavalierly kill people. it wasn't like that for me.
4:37pm
i remember planning it out. it was a senior member. in the '80s, he was a member of another gang. you can't do that. you can't be from two cliques. you just can't. so the word was put out to kill the guy, and i happened to be at the jail with him at the time when the word was put out. there was pretty much consistency. so we had the same officer coming in four or five days a week. then he'd have two days off. he would then come back on. i studied him and his mannerisms and behavior. when i got to the point i felt comfortable, i made my move. it was after they opened up all the cell doors for evening chow, while everybody was eating, i took his tray into his room. sat down next to him on his bed. i talked to hill. but he got up. turned on his light, which sat across the desk on the wall to roll a cigarette. bible paper. when he turned his back to me, i stood on the bed and put the
4:38pm
rope around his neck. he fought me and threw me around the room. surprisingly strong. i guess when you're fighting for your life, you have strength. you know? ultimately, he couldn't get the rope off his neck. and e! sue he succumbed. once he died, i put him back to bed like he was asleep. turned off his light. >> you got away with it? >> i went and picked a fight with some black guys in another pod, because i knew if i created friction in the pod and all kinds of different things were happening all at once, law enforcement would never know what happened. about nine years later the cold case homicide officer came and he talked to me in this visiting room right here and he asked me, and i told him. he offered me a deal. if i admitted to it, they would run the life sentence concurrent with the life sentence that i'm in prison for right now. but, i'm in here because i was a
4:39pm
member of the s & m and now that i declare that i'm on my own, the state's got going to let me out in population, because they're not sure if i'm going to get hurt. or they're not sure if i'm manipulating and lying to them, so as a result, i'm stuck. good or bad. convinced he'll never reach general population in new mexico, fredrico files for an out of state transfer. >> i've done it four or five times in the last year. >> but they continue its crackdown. >> has anyone tried to recruit you into a gang? >> no. [ tires squeal ] an accident doesn't have to slow you down. with better car replacement, available only from
4:40pm
liberty mutual insurance, if your car's totaled, we give you the money to buy a car that's one model-year newer with 15,000 fewer miles on it. there's no other auto insurance product like it. better car replacement, available only from liberty mutual. it's a better policy that gets you a better car. call... or visit one of our local offices today, and we'll provide the coverage you need at the right price. liberty mutual auto insurance -- responsibility. what's your policy?
4:41pm
4:42pm
the penitentiary of new mexico holds the worst defenders offenders in the state. some who are validated gang members that are in a constant
4:43pm
state of war with each other and staff. today, they are doing a sweep in the level 5 facility allowing our crew along for the ride. >> all right. ladies and gentlemen, we're here to conduct a shakedown. we have information on s & m gang members. okay? we're going to head to the unit and look for gang information and graffiti and stuff. >> actually, when you come shakedown a cell, the first thing you want to do is review everything. you look. the most common places you'll find is the easiest place you'll think of. look. gang paraphernalia right here. >> what is it? >> three crosses. it's from new mexico. they use the three crosses to display gang symbols.
4:44pm
>> it's essential in maintaining the safety of the facility. >> what's this for? >> i found that hanging here. once it's validated, you'll never be able to go to a level-b facility. so it has a lot of bearing on the inmate's future. >> you can take that and i'll write him up for possession of gang paraphernalia. >> he'll be documented as a suspected street gang member, and we'll start a file on him, if one hasn't already been created, and wherever he goes, whether it's to another facility or goes out into the streets, he'll be identified as a sa suspected gang member. >> search, in the letters here in the cell, she found what looks like a diagram or a pattern of a handcuff key. the crude making, the beginning of it. the manufacturing stages.
4:45pm
probably i think what he's doing is he's got all of these bars of soap. what he'll start doing is putting out a pattern to match it to this out of the soap. once he gets a good pattern down, he'll find a piece of metal to transfer it to a piece of metal. and try to see if it works. >> he was on the right track. >> so, what does it mean for the inmate? >> it's a good place for us. obviously, we know his intentions are now. for this inmate, nothing will happen. we'll take this from him. it's not in actual fabrication stages. if we found can carved out into something, we would have charged him. >> an address book that was found in this inmate's cell. on the inside he has gang graffiti lists here. this is a list of monikers, they go by. they have numbers here. we go through and see if we have those listed.
4:46pm
we'll go through and see if we have those listed. do we know who peanut is? do we know who little munchi is? if we don't, we have them identified as who this person is. we can use it later on. >> this inmate, what happens to him? >> what happens to him? it's not a crime to have this information. what we'll do is take it, we let him now we confiscated it. basically puts him on notice that, listen, stiu is on to you. we're looking at you. we're staying on top of your correspondence, things of that nature. it gives him on opportunity to quell his activities. he knows the heat's on him a little bit. what he'll do, he'll contact the other guys and say they are looking at me. know what i mean. while he's doing that, we will see who he's corresponding with and who he's shooting the warning off to and we can network his group. >> let's go. we're going to have a chitchat.
4:47pm
>> the stiu team brings him in for an interview about his possible gang affiliation as part of the validation process. >> we did some shakedowns in your unit today. during the search we found this book here with gang writing symbolism on it. we want to ask you about it. >> what about it? >> what information is on it? >> what does it say? >> i'm asking you. that's why -- >> you guys are going to do what you're going to do. it says what it says. some numbers, some letters, some initials. they are meanings to me. you know, if you think they are gang, then take the necessary -- >> let me explain to you -- explain to me what the meanings are to you. >> why? they are for me, not you. or anyone else. they are for me. >> okay. in the back pages of your
4:48pm
phone book, you have a lot of inmates' names and numbers. why? they are my homies. >> you consider them associates? homies as being your friends? >> i know them. >> all right. has anybody tried to recruit you to be in a gang? >> no. >> do you have any tattoos that identify you as being a gang member? >> yeah, i do. street gang. >> what street gang do you belong to? >> west side. >> west side up in where? >> what we're going to do is we're going to keep this for now. we're going to make copies of the names and inmates you have in there and put it in your file then give it back to you. >> do you have any questions? all right. >> he hasn't been validated as a prison gang member yet, but he's on his way. back in level 6, happy is headed to the parole board.
4:49pm
>> i just came back from rec and i'm fixing to head to the parole board. i'm kind of nervous right now, because you never know what's going to happen. you don't know if they are going to deny you or let me go. but, i know that somebody up above is looking out for me because if it wasn't meant to be, i wouldn't be here now. so -- worst case scenario, my parole could be denied. and the best case scenario, i'll be out by 5:00. coming up, will he still be happy after his parole hearing? plus -- fredrico files for an out of state transfer. but the results are less than he'd hoped for. >> which means that this is a sham.
4:50pm
4:51pm
4:52pm
4:53pm
happy's parole hearing was held behind closed doors but the result was positive. in the next few hours, we'll be released from the prison where he spent the last five years of his life. >> hey, take it easy. >> it's a sign you don't forget. ever. the sound of the doors. he just did something that never happens. he took off all my cuffs and chains. all my chains. >> how do you feel right now? >> i feel this is weird, because i don't have the handcuffs on and i'm still rubbing my wrists. i feel way different now. it's a process of freedom and
4:54pm
i'm nervous because i'm not used to being like this. i'm used to -- i don't feel normal because i'm used to having the handcuffs on me. >> here's your i.d. >> okay. >> for 30 days. and report monday morning. >> just monday morning? >> monday morning. 8:00. you were supposed to report 24 hours from the parole. being that it's saturday and sunday. >> okay. now, i'm going to go see my mom. she's out front waiting for me. it's about being responsible now. a lot of people, what a lot of people do is they leave here not understanding the consequences. but, i'm fixing to do good. i feel really good right now.
4:55pm
>> look at you, no handcuffs. no shackles. finally, after six years. >> i missed you, mom. i'm sorry. >> for what? quit saying that. oh. oh. >> i just wanted to thank you for everything you have done because without you, i probably wouldn't have made it out here. because you gave me hope. >> yes. >> and in there, if you ain't got hope, you ain't got nothing, and you don't got nothing to live for. so you just do what you got to do in prison to live.
4:56pm
but you gave me hope and everything. so i appreciate it. >> here we are. back together. >> this sham committee that's going to be run on me, this is pretty much a myth that this committee will result in any action. as a result, i'm stranded here at this facility even though i'm not getting misconduct reports or any of those things. >> unlike happy, fredrico is never getting out of prison. as a validated gang member, the only way to leave level 6 is through an out of state transfer. >> fredrico, how are you? >> fine, yourself? >> pretty good. i reviewed your file and back in
4:57pm
march of 2007, you probably remember, you went to committee for a release or out of state transfer. >> yes. >> i don't find anything in there whether they approved you or denied you. we're going to do another review. sign here, waiving your 48 hours and sign here and initial here because you are here. i wanted to ask you, if you want to go out of state? >> yes. >> okay. another thing i was going to tell you is before i can even submit this to central office, to cdc, i need to get a medical clearance. okay? sometimes that takes a long time for medical, i don't know why. >> my file has been released for medical five or six different times. i've done that. i signed that form five or six different times over the last year. >> really? maybe -- because it's not here. maybe it won't take so long and we can hurry the process up. >> great. >> this is what i wrote. custody transfer review. we're referring you to cdc for
4:58pm
an out of state transfer. justification is inmate meets criteria with an indefinite sentence. by signing it doesn't mean you agree or disagree, you are just informed of the action. we are referring for you an out-of-state transfer. just a recommendation, doesn't mean they have to approve it, however, i think they will. it will take anywhere from, i'm saying from what i've seen in the past anywhere from three weeks to three months to get an answer. however, then we need to find a state that will accept you. that sometimes takes a long time. we send paperwork to california, if california accepts you, cool. if they deny you, we have to find another state. it could take longer to do that part. i don't see a problem with it being approved immediately. >> good. >> you can have this part fredrico. you have a good day.
4:59pm
okay? >> thank you. i was biting my tongue. this is a sham, this committee. this referral, she said there was another out of state referral. she didn't know if anything resulted from that. how would she not know? if the machinery of the corrections department is effective and running smoothly, then there would be a trail. obviously there wasn't, which means that nothing ever happened in the first place, which means that this is a sham.